Zavalidroga
United States v. Zavalidroga
Opinion
Lead Opinion
MEMORANDUM
Jon Zavalidroga (“Zavalidroga”) appeals pro se from the orders of the district court denying his petition for a writ of mandamus to compel the district court to reopen his federal criminal conviction, and his petition to provide a review of his appeal from the judgment of conviction. In 1997 Zavalidroga was convicted of transmitting a threatening communication in interstate commerce under 28 U.S.C. § 875 (c). His conviction was affirmed by this court on July 7, 1998. Zavalidroga argues that the district court erred in refusing to conduct an inquiry into the possibility of judicial fraud in the handling and presentation of a tape recording of a telephone call. We affirm because we conclude that the district court did not abuse its discretion in denying the petitions.
A peremptory writ of mandamus is traditionally used to compel a district court to exercise its authority. Will v. United States, 389 U.S. 90, 95 , 88 S.Ct. 269 , 19 L.Ed.2d 305 (1967). “The All Writs Act is a residual source of authority to issue writs that are not otherwise covered by statute.” Pennsylvania Bureau of Correction v. U.S. Marshals Service, 474 U.S. 34, 43 , 106 S.Ct. 355 , 88 L.Ed.2d 189…